Badri Baretha (Deleted) vs State Of M.P.
2023 Latest Caselaw 7815 MP

                                                             1
                             IN    THE       HIGH COURT OF MADHYA PRADESH
                                                   AT GWALIOR
                                                     BEFORE
                                  HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL
                                                  ON THE 11 th OF MAY, 2023
                                            CRIMINAL REVISION No. 518 of 2008

                            BETWEEN:-
                            1.    BADRI BARETHA (DELETED) S/O S/O SHRI BALLU,
                                  AGED ABOUT 30 YEARS, OCCUPATION: R/O
                                  VILLAGE MUNGAWALI, TEH. GYARASPUR P.S.
                                  GYARASPUR,   DISTT.   VIDISHA     (MADHYA
                                  PRADESH)

                            2.    GULABBAI W/O BADRI BARETHA , AGED ABOUT
                                  28 YEARS, OCCUPATION: R/O VILL.MUNGAWALI,
                                  TEH.TYARASPUR P.S.GYARASPUR, DISTT.VIDISHA
                                  (MADHYA PRADESH)

                            3.    GAURABH S/O BALLU BARETHA , AGED ABOUT 24
                                  YEAR S , OCCUPATION: R/O VILL.MUNGAWALI,
                                  TEH. & P.S. GYARASPUR, DISTT.VIDISHA (M.P)

                                                                                       .....PETITIONERS
                            (BY SHRI BHAGWAN PANDEY - ADVOCATE)

                            AND
                            STATE OF M.P. THR. POLICE STATION GYARASPUR
                            DISTT. VIDISHA (MADHYA PRADESH)

                                                                                       .....RESPONDENT
                            (BY SHRI APS TOMAR - PUBLIC PROSECUTOR)

                                  Th is revision coming on for hearing this day, th e court passed the
                            following:
                                                              ORDER

This criminal revision under Section 397, 401 of Cr.P.C. has been filed by the revisionist assailing the Judgment dated 29.07.2008 passed in Criminal Appeal No.7/2007 by learned Third Additional Session Judge, Vidisha District

Signature Not Verified Vidisha, confirming the judgement dated 20.12.2006 passed by JMFC, Vidisha Signed by: VIJAY TRIPATHI Signing time: 5/12/2023 10:01:13 AM

in Case No. 79/2004 by which petitioners have been convicted for the offence under Sections 325/34 of IPC and sentenced to undergo one years RI with fine of Rs. 500/- each with default stipulation.

Learned counsel for the petitioners made submission that incident is of the year 1998 and about more than 25 years has been passed. In these situation, they does not want to press their petition on merits. It is further submitted that petitioner No.1 Badri Bartetha has since died. It is submitted that in respect of other petitioners, in lieu of sentence, fine amount may be enhanced.

I n view of the arguments advanced by the counsel for the petitioners, present criminal revision stands abated against petitioner No.1. In respect of

petitioner Nos.2 and 3, after perusing the record, this Court is of the view that the incident is of 1998 and about 25 years has been passed therefore, in this situation, the sentence of one year imposed under Section 325/34 of IPC is reduced to the period already undergone by him, enhancing the fine amount from Rs.500/- each to Rs.10,000/- each which shall be paid to complainant by way of compensation.

The amount of compensation be deposited in the trial Court within one month from the date of receipt of certified copy of this order, failing which petitioners shall undergo the original sentence awarded by the trial Court. In case, the fine amount is deposited by them, their bail bonds stands discharged.

With the aforesaid modification, the revision petition stands disposed of.

(DEEPAK KUMAR AGARWAL) JUDGE Vijay

Signature Not Verified Signed by: VIJAY TRIPATHI Signing time: 5/12/2023 10:01:13 AM